Re: Good Guys, Bad Guys

Subject: Re: Good Guys, Bad Guys
From: Don Smith <dsmith -at- ACCESSBEYOND -dot- COM>
Date: Mon, 5 May 1997 15:27:19 EST

Dennis wrote:

(snip)
"Finally, anyone that tells you that your work was unsatisfactory,
weeks or months after the contract has been completed, is blowing
smoke. If your work was truly unsatisfactory, you would have known
about it during the contract or immediately upon submission. This
objection is a common method for shifting the blame to you. That
they're unable to accept the responsibility to pay for the goods is
near robbery. Hire a good lawyer."

While I have not contracted writing (O.K., I did do a couple of small
jobs off site for someone), so I don't really know about this, but I
wonder: Is it possible to give the client a copy of your finished work
(document), but not release the document in software form to them
until you are paid? This does not seem unreasonable to me. They have a
copy of the finished document to analyze, but they can only make Xerox
copies. If you were concerned that they would send your copy to a
printer, you could put your name across the top of each page near the
first line of text.

Am I way off base here for some reason? I hope to become a contractor
too, one of these days. (I had better hurry, or I'm going to die
first!)

Don Smith



______________________________ Reply Separator _________________________________
Subject: Good Guys, Bad Guys
Author: dhays -at- NOVALIS -dot- COM at INTERNET
Date: 5/5/97 4:41 PM


In all of the years I've been contracting, I've realized one thing. Those
companies that call me in at the last minute for a "rush" job are, for the
most part, the same companies I've had financial problems with. So, I have
a policy (and I'm strict about it)--One half the estimated amount up front
and a signed agreement. This usually separates the those who will pay from
those that have no or little intention to pay.

It's difficult to adhere to this if there's wolves at the door and the kids
are crying for fresh milk. But, in the long run, those that pay have no
problems with signing an agreement and paying 1/3 to 1/2 up front. Those
that object are the same companies that slow pay/no pay later. While this
might sound like generalizations, in 20 plus years I can count the
deviations on one hand.

In my earlier years, I've taken jobs where the client needed the work
"yesterday," and my pay came tomorrow. Whenever someone told me their client
hadn't paid them yet, I said my invoice isn't tied to your receiveables. I
have an agreement with you, not your client. I spent more work as a
collections agent for my own money and felt the frustrations of being put
off. So, I made a contract with myself. Unless I know the company (have done
business before with them), have them sign the paper and a check first.

Finally, anyone that tells you that your work was unsatisfactory, weeks or
months after the contract has been completed, is blowing smoke. If your
work was truly unsatisfactory, you would have known about it during the
contract or immediately upon submission. This objection is a common method
for shifting the blame to you. That they're unable to accept the
responsibility to pay for the goods is near robbery. Hire a good lawyer.

Dennis
Dennis Hays
Novalis Corporation
Telephone: 518/862-3465
eMail: dhays -at- novalis -dot- com
-------------------------------
To possess ideas is to gather flowers; to
think, is to weave them into garlands.
--Anon.
-------------------------------
I speak only for myself.

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